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High Court decision shows need to be clear whether settlement offer subject to contract
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is …
Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle
The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of …
Litigation from a client's perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith's Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a …
Webinar alert - Conducting litigation from the client's perspective: top tips from the Advocacy Unit
On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a …
Court can give judgment despite settlement
A recent Court of Appeal decision clarifies that the court has the power to hand down judgment in a case that has been fully argued, even if the parties …
Withholding publication of judgment following settlement
In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of …
Important lessons for settlement deeds
A recent High Court decision highlights important issues for the execution of settlement deeds and provides a useful restatement of the extent of the …
Keeping settlement terms confidential
A recent High Court decision has important practical implications for the drafting and filing of Tomlin orders, which are commonly used to record agreed …
Disclosure of confidential settlement agreements
The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
Make it clear whether or not communications are intended to be "without prejudice"
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] …
Showing 59 out of 59 results